Legal Definition of Taking From the 'Lectric Law Library's Lexicon Taking If anything is given to a Hottentot, he at once divides it among all present -- a habit which, as is known, so much struck Darwin among the Feugians. He cannot eat alone, and, however hungry, he calls those who pass by to share his food. And when Koelben expressed his astonishment thereat, he received the answer: "That is Hottentot manner." But this is not Hottentot manner only: it is an all but universal habit among the "savages." - Peter Kropotkin, Mutual Aid: A Factor of Evolution, ch. 3 Search The Library's Lexicon TAKING The act of laying hold upon an article, with or without removing the same; a felonious taking is not sufficient without a carrying away, to constitute the crime of larceny. And when the taking has been legal, no subsequent act will make it a crime. The taking is either actual or constructive. The former is when the thief takes, without any pretence of a contract, the property in question.

A constructive felonious taking occurs when, under pretence of a contract, the thief obtains the felonious possession of goods; as, when under the pretence of hiring, he had a felonious intention at the time of the pretended contract, to convert the property to his own use. The court of criminal sessions for the city and county of Philadelphia have decided that in the case of a man who found a quantity of lumber, commonly called a raft, floating on the river Delaware and fastened to the shore, and sold it, to another person, at so low a price. as to enable the purchaser to remove it, and did no other act himself, but afterwards the purchaser removed it, that thls was a taking by the thief, and he was actually convicted and sentenced to two years imprisonment in the penitentiary. It cannot be doubted, says Pothier, that by selling and delivering a thing which he knows does not belong to him, the party is guilty of theft. When property is left through inadvertence with a person and he conceals it animo furandi, he is guilty of a felonious taking and may be convicted of larceny.

But when the owner parts with the property willingly, under an agreement that he is never to receive the style indentical property, the taking is not felonious; as, when a person delivered to the defendant a sovereign to get it changed, and the defendant never returned either with the sovereign or the change, this was not larceny. The wrongful taking of the personal property of another, when in his actual possession, or such taking of the goods of another who, has the right of immediate possession, subject the tort feasor to an action. For example, such wrongful taking will be evidence of a conversion, and an action of trover may be maintained. Trespass is a concurrent remedy in such a case. Replevin may be supported by the unlawful taking of a personal chattel. --b-- Definition of Larceny - FindLaw Definition of Larceny Download article as a PDF Definition of Larceny Larceny is what most people think of as common theft - the taking of someone else's property without the use of force. The Model Penal Code and the laws of several states place larceny and certain other property crimes under the general category of theft.

However, there are some states that retain the traditional common-law distinctions in which larceny is its own crime, separate from other property crimes like embezzlement or robbery. The Elements of Larceny The following elements must be proven in order to obtain a conviction for larceny: The unlawful taking and carrying away; Of someone else's property; With the intent to permanently deprive the owner of the property. Unlawful Taking The first stage in a larceny involves the unlawful taking of another's property. So the removal or appropriation of property for a lawful purpose is not larceny, such as when a bank repossesses a car for non-payment. Some states also require that the taker carry the property away. For immovable property, carrying away can be satisfied where the perpetrator has taken control of the property and removed its use and enjoyment from the owner. Someone Else's Property For larceny to apply, the property in question must belong to someone else. If it belongs to the person taking it, then larceny would not apply. This is true even if one's property was in the possession of another at the time it was taken.

For example, it's not larceny when someone takes back a lawnmower lent to a neighbor who failed to return it. In these situations, the only thing that matters is whether the person in control of the property had a better legal claim to the property than the person who took it. People who co-own property can also commit larceny if they deprive any co-owners of their right to the property. So, if three friends jointly purchase a computer and one of the friends moves away with the computer without the consent of the other friends, this would constitute larceny. Without the Owner's Consent Even if someone intends to steal a piece of property, no larceny occurs if the owner consents to the transfer of ownership of the property. However, it would be a crime if the owner transferred the property due to another person's deceit or fraud , although these situations are covered by other property crimes. The Taker's Intent The final element of larceny involves the taker's intent to permanently deprive the owner of the use and enjoyment of the property. In other words, if the person who took the property intended to eventually give it back, this would not constitute larceny.

Larceny is a specific intent crime, which means that the person taking the property must specifically intend to commit larceny. So in a situation where a person reasonably believes that they own the property they are taking, they would not have the specific intent of required for larceny. Degrees of Larceny States usually separate larceny into different categories based on the value of the item stolen. "Grand" larceny applies to higher-value items, and "petit" (or "petty") larceny applies to items of lesser value. Each state legislature decides the amount that divides a grand larceny from a petty larceny. States will also treat some larcenies as felonies, and others as misdemeanors . One Larceny or Several? A common question that arises in larceny prosecutions is whether one larceny has occurred, or several. Generally, multiple items stolen from the same owner at the same time will form one larceny, but some states allow prosecutors to charge such a situation as multiple larcenies. Courts often look at the timing and locations of larcenies to determine whether they formed part of a single activity or several.

If part of a single activity, only one larceny has occurred. If there were multiple activities, however, then there were also multiple larcenies. The determination of the number of larcenies can affect the number and severity of the larceny charges. For example, if multiple takings form one instance of larceny, the amount of the items taken could push the larceny into the realm of a felony. On the other hand, if the multiple takings each formed a single occurrence of larceny, the defendant may face multiple lesser misdemeanor counts. This determination could have a great impact on the punishment the defendant receives . Get a Free Review of Your Larceny Case Today Prosecutors often have some leeway when it comes to theft crimes. That's why it's important to have a strong criminal defense attorney on your side, one who can challenge the evidence in your case and even plea down charges. Get in touch with an attorney near you today for a free preliminary review of your case .

Next Steps Criminal Justice law test 3 Flashcards for crimes of theft, a taking without the consent of the victim Term Asportation Definition the trespassory taking and carrying away (as of personal property in the crime of larceny or of the victim in kidnapping) Term Claim of right Definition a defense against a charge of larceny that consist of an honest belief in ownership or right to possession Term Embezzlement Definition the misappropriation of property already in the possession of the defendant. Also the unlawful conversion of the personal property of another by a person to whom it has been entrusted by its rightful owner Term Conversion Definition the unauthorized assumption of the right of ownership.

conversion is central feature of the crime of embezzlement, as in the unlawful conversion of personal property of another by a person to whom it has been entrusted Term False Pretense Definition knowingly and unlawfully obtaining title to, and possession of the lawful property of another by means of deception and with intent to defraud Term Forgery Definition the making of a false written instrument or the material alternation of an existing genuine written instrument Term Uttering Definition the offering, passing, or attempted passing of a forged instrument with the knowledge that the document is false and with intent to defraud Term the taking of personal property by threat of future harm Term Blackmail Definition a form of extortion in which a threat is made to disclose a crime or other social disgrace Term Compounding a crime Definition the receipt of property of other valuable consideration in exchange for agreeing to conceal or not persecute on who has committed a crime Term Identity theft Definition the unauthorized use of another individual's personal identity to fraudulently obtain money, goods, or service to avoid the payment of debt or to avoid criminal prosecution Term Burglary Definition the breaking and entering of a building, locked automobile, boat, and so one with the intent to commit a felony or theft.

Also, the entering of a striation for the purpose of committing a felony or theft. Term Constructive entry Definition in the crime of burglary, an entry that occurs when the defendant cause another person to ender a structure to commit crime or for felonious purpose. Term Criminal trespass Definition the entering or remaining on the property or in the building of another when entry was forbidden. Also, failing to depart after receiving notice to do so. Term the intentional or knowing damage or destruction of the tangible property of another Term Looting Definition burglary committed within an affected geographic area during an officially declared state of emergency or during a local emergency resulting from an earthquake, fire, flood, riot, or other disaster. Term Arson Definition The knowing and malicious burning of the personal property of another of the burning of ones own property if the purpose is to collect insurance money. Term intellectual property Definition a form of creative endeavor that can be protected though patent copyright, trademark, or other legal means.

Term Computer Crime Definition a crime that employs computer technology as central to its commission and that could not take place without such technology Term Computer fraud Definition a statutory provison that makes it unlawful for any person to use a computer or computer network without authority and with the intent to 1)obtain property of service by false pretense 2) embezzle or commit larceny 3) convert the property of another Term Theft of computer services Definition the willful use of a computer or computer network with the intent to obtain computer services without authority Term Personal trespass by computer Definition the use of a computer or computer network without authority and with the intent to case physical injury to an individual Term Computer tampering Definition Illegally inserting or attempting to insert a program into a computer while knowing or believing the program with damage or destroy the computer Term the preparatory stage of a riot Term Riot Definition a tumultuous disturbance of the peace by three or more people assembled of their own authority Term lynching Definition the taking, by means of riot of any person from the lawful custody of a peace officer Term Rescuing a prisoner Definition a crime that is committed when one or more people rescue or attempted to rescue any person being held in lawful custody.

Term Disturbance of public assembly Definition a crime that occurs when one or more people act unlawfully at a public gathering collected for a lawful purpose in such way as to purposefully disturb the gathering Term Vagrancy Definition under common law, the act of going about from place to place by a person without visible means of support, who was idle and who thought able to work for his or her maintenance , refused to do so and lived without labor or on the charity of others Term Vagrancy Definition under common law, the act of going about from place to place by a person without visible means of support, who was idle and who thought able to work for his or her maintenance , refused to do so and lived without labor or on the charity of others Term Larceny definition by Babylon’s free dictionary Legal - General Dictionaries The 'Lectric Law Library Illegal taking and carrying away of personal property belonging to another with the purpose of depriving the owner of its possession. The wrongful and fraudulent taking and carrying away by one person of the mere personal goods of another from any place, with a felonious intent to convert them to the taker's use and make them his property without the consent of the owner. To constitute larceny several ingredients are necessary.

The intent of the party must be felonious; he must intend to appropriate the property of another to his own use. If the accused have taken the goods under a claim of right, however unfounded, he has not committed a larceny. There must be a taking from the possession, actual or implied, of the owner; hence if a man should find goods and appropriate them to his own use, he is not a thief on this account. There must be a taking against the will of the owner and this may be in some cases where he appears to consent; e.g., if a man suspects another of an intent to steal his property, and in order to try him, leaves it in his way and he takes it, he is guilty of larceny. The taking must be in the county where the criminal is to be tried. But when the taking has been in the county or state and the thief is caught with the stolen property in another county than that where the theft was committed, he may be tried in the county where arrested with the goods, as by construction of law, there is a fresh taking in every county in which the thief carries the stolen property.

There must be an actual carrying away, but the slightest removal, if the goods are completely in the power of the thief, is sufficient; to snatch a diamond from a lady's ear, which is instantly dropped among the curls of her hair, is a sufficient asportation or carrying away. The property taken must be personal property; a man cannot commit larceny of real estate. For example, an apple, while hanging on the tree where it grew, is real estate, having never been separated from the freehold; it is not larceny therefore, at common law, to pluck an apple from the tree and appropriate it to one's own use, but a mere trespass. If that same apple however, had been separated from the tree by the owner or if shaken by the wind, and while lying on the ground it should be taken with a felonious intent, the taker would commit a larceny, because then it was personal property. Animals ferae naturae, while in the enjoyment of their natural liberty, are not the subjects of larceny. At common law, choses in action are not subjects of larceny.

Larceny is divided in some states into grand and petit larceny depending upon the value of the property stolen. Courtesy of the 'Lectric Law Library . Duhaime.org Legal Dictionary An old English criminal and common law offence covering the unlawful or fraudulent removal of another's property without the owner's consent. - (read more on Larceny) 2008 Duhaime.org . All rights reserved. Law Dictionary The felonious taking and carrying away of the personal property ofanother, without the person's consent, by someone who is not entitled topossession, with intent to deprive the owner of the property and to convert itto the use of the taker or another person other than the owner. Larceny issometimes classified as either grand larceny or petit (petty) larceny,according to the value of the property taken or the method employed. Group A NIBRS UCR Offenses and Codes The three-digit codes shown below are to be used for identifying NIBRS Group A offenses in Group A Incident Reports.

The codes are unique to NIBRS but were derived from the four-digit National Crime Information Center (NCIC) Uniform Offense Classification Codes in order to facilitate interrelating offense data between the NCIC and UCR system. The standard NIBRS definitions for Group A NIBRS UCR offenses and codes are: 1. Arson - 200 Crime Against Property Definition: To unlawfully and intentionally damage, or attempt to damage, any real or personal property by fire or incendiary device. 2. Assault Offenses - 13 Crime Against Person Definition: An unlawful attack by one person upon another. A. Aggravated Assault - 13A Crime Against Person Definition: An unlawful attack by one person upon another wherein the offender uses a weapon or displays it in a threatening manner, or the victim suffers obvious severe or aggravated bodily injury involving apparent broken bones, loss of teeth, possible internal injury, severe lacerations, or loss of consciousness. B.

Simple Assault - 13B Crime Against Person Definition: An unlawful physical attack by one person upon another where neither the offender displays a weapon, nor the victim suffers obvious severe or aggravated bodily injury involving apparent broken bones, loss of teeth, possible internal injury, severe laceration, or loss of consciousness. C. Intimidation - 13C Crime Against Person Definition: To unlawfully place another person in reasonable fear of bodily harm through the use of threatening words and/or other conduct, but without displaying a weapon or subjecting the victim to actual physical attack. 3. Bribery - 510 Crime Against Property Definition: The offering, giving, receiving, or soliciting of anything of value (i.e., a bribe, gratuity, or kickback) to sway the judgment or action of a person in a position of trust or influence. 4. Burglary/Breaking and Entering - 220 Crime Against Property Definition:- The unlawful entry into a building or other structure with the intent to commit a felony or a theft. 5.

Counterfeiting/Forgery - 250 Crime Against Property Definition: The altering, copying, or imitation of something, without authority or right, with the intent to deceive or defraud by passing the copy or thing altered or imitated as that which is original or genuine; or the selling, buying, or possession of an altered, copied, or imitated thing with the intent to deceive or defraud. 6. Destruction/Damage/Vandalism of Property - 290 Crime Against Property Definition: To willfully or maliciously destroy, damage, deface, or otherwise injure real or personal property without the consent of the owner or the person having custody or control of it. 7. Drug/Narcotic Offenses - 35 Crime Against Society Definition: The violation of laws prohibiting the production, distribution, and/or use of certain controlled substances and the equipment or devices utilized in their preparation and/or use. A. Drug/Narcotic Violations - 35A Crime Against Society Definition:- The unlawful cultivation, manufacture, distribution, sale, purchase, use, possession, transportation, or importation of any controlled drug or narcotic substance. B.

Drug Equipment Violations - 35B Crime Against Society Definition - The unlawful manufacture, sale, purchase, possession, or transportation of equipment or devices utilized in preparing and/or using drugs or narcotics. 8. Embezzlement - 270 Crime Against Property Definition: The unlawful misappropriation by an offender to his/her own use or purpose of money, property, or some other thing of value entrusted to his/her care, custody, or control. 9. Extortion/Blackmail - 210 Crime Against Property Definition: To unlawfully obtain money, property, or any other thing of value, either tangible or intangible, through the use or threat of force, misuse of authority, threat of criminal prosecution, threat of destruction of reputation or social standing, or through other coercive means. 10. Fraud Offenses - 26 Crime Against Property Definition: The intentional perversion of the truth for the purpose of inducing another person or other entity in reliance upon it to part with some thing of value or to surrender a legal right. A.

False Pretense/Swindle/Confidence Game - 26A Crime Against Property Definition: The intentional misrepresentation of existing fact or condition, or the use of some other deceptive scheme or device, to obtain money, goods, or other things of value. B. Credit Card/Automatic Teller Machine Fraud - 26B Crime Against Property Definition: The unlawful use of a credit card, debit card or automatic teller machine for fraudulent purposes. C. Impersonation - 26C Crime Against Property Definition - Falsely representing one's identity or position, and acting in the character or position thus unlawfully assumed, to deceive others and thereby gain a profit or advantage, enjoy some right or privilege, or subject another person or entity to an expense, charge, or liability which would not have otherwise been incurred. D. Welfare Fraud - 26D Crime Against Property Definition - The use of deceitful statements, practices, or devices to unlawfully obtain welfare benefits. E. Wire Fraud - 26E Crime Against Property Definition - The use of an electric or electronic communications facility to intentionally transmit a false and/or deceptive message in furtherance of a fraudulent activity. 11.

Gambling Offenses - 39 Crime Against Society Definition - To unlawfully bet or wager money or something else of value; assist, promote, or operate a game of chance for money or some other stake; posses or transmit wagering information; manufacture, sell, purchase, possess, or transport gambling equipment, devices, or goods; or tamper with the outcome of a sporting event or contest to gain a gambling advantage. A. Betting/Wagering - 39A Crime Against Society Definition: To unlawfully stake money or something else of value on the happening of an uncertain event or on the ascertainment of a fact in dispute. B. Operating/Promoting/Assisting Gambling - 39B Crime Against Society Definition: To unlawfully operate, promote, or assist in the operation of a game of chance, lottery, or other gambling activity. C. Gambling Equipment Violations - 39C Crime Against Society Definition: To unlawfully manufacture, sell, buy, posses, or transport equipment, devices, and/or goods used for gambling purposes. D.

Sports Tampering - 39D Crime Against Society Definition:- To unlawfully alter, meddle in, or otherwise interfere with a sporting contest or event for the purpose of gaining a gambling advantage. 12. Homicide Offenses - 09 Crime Against Person Definition: The killing of one human being by another. A. Murder and Nonnegligent Manslaughter - 09A Crime Against Person Definition: The willful (nonnegligent) killing of one human being by another. B. Negligent Manslaughter - 09B Crime Against Person Definition: The killing of another person through negligence. C. Justifiable Homicide - 09C Not a Crime Definition: The killing of a perpetrator of a serious criminal offense by a peace officer in the line of duty; or the killing, during the commission of a serious criminal offense, of the perpetrator by a private individual. 13. Kidnapping/Abduction - 100 Crime Against Person Definition: The unlawful seizure, transportation, and/or detention of a person against his/her will, and of a minor without the consent of his/her custodial parent(s) or legal guardian. 14.

Larceny/Theft Offenses - 23 Crime Against Property Definition: The unlawful taking, carrying, leading, or riding away of property from the possession, or constructive possession of another person. A. Pocket-picking - 23A Crime Against Property Definition: The theft of articles from another person's physical possession by stealth where the victim usually does not become immediately aware of the theft. B. Purse-snatching - 23B Crime Against Property Definition: The grabbing or snatching of a purse, handbag, etc., from the physical possession of another person. C. Shoplifting - 23C Crime Against Property Definition: The theft by someone, other than an employee of the victim, of goods or merchandise exposed for sale. D. Theft From Building - 23D Crime Against Property Definition: A theft within a building that is either open to the general public or where the offender has legal access. E. Theft From Coin-Operated Machine or Device - 23E Crime Against Property Definition: A theft from a machine or device that is operated or activated by the use of coins. F.

Theft From Motor Vehicle - 23F Crime Against Property Definition: The theft of articles from a motor vehicle, whether locked or unlocked. G. Theft From Motor Vehicle Parts/Accessories - 23G Crime Against Property Definition:- The theft of any part or accessory affixed to the interior or exterior of a motor vehicle in a manner which would make the item an attachment of the vehicle or necessary for its operation. H. All Other Larceny - 23H Crime Against Property Definition:- All thefts which do not fit any of the definitions of the specific subcategories of Larceny/Theft listed above. 15. Motor Vehicle Theft - 240 Crime Against Property Definition: The theft of a motor vehicle. 16. Pornography/Obscene Material - 370 Crime Against Society Definition: The violation of laws or ordinances prohibiting the manufacture, publishing, sale, purchase, or possession of sexually explicit material, e.g., literature, photographs, etc. 17. Prostitution Offenses - 40 Crime Against Society Definition: To unlawfully engage in or promote sexual activities for profit. A.

Prostitution - 40A Crime Against Society Definition: Unlawfully engaging in sexual relations for profit, by both males and females. B. Assisting or Promoting Prostitution - 40B Crime Against Society Definition: To solicit customers or transport persons for prostitution purposes; to own, manage, or operate a dwelling or other establishment for the purpose of providing a place where prostitution is performed; or to otherwise assist or promote prostitution. 18. Robbery - 120 Crime Against Property Definition: The taking, or attempting to take, anything of value under confrontational circumstances from the control, custody, or care of another person by force or threat of force or violence and/or by putting the victim in fear of immediate harm. 19. Sex Offenses, Forcible - 11 Crime against Person Definition - Any sexual act directed against another person, forcibly and/or against that person's will, or not forcibly, or against the person's will where the victim is incapable of giving consent. A.

Forcible Rape - 11A Crime Against Person Definition - The carnal knowledge of a person, forcibly and/or against the person's will; or not forcibly or against the person's will where the victim is incapable of giving consent because of his/her temporary or permanent mental or physical incapacity (or because of his/her youth). B. Forcible Sodomy - 11B Crime Against Person Definition - Oral or Anal sexual intercourse with another person, forcibly and/or against that person's will; or not forcibly or against the person's will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity. C. Sexual Assault with an Object - 11C Crime Against Person Definition - To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, forcibly and/or against that person's will; or not forcibly or against the person's will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity. D.

Forcible Fondling - 11D Crime Against Person Definition - The touching of the private body parts of another person for the purpose of sexual gratification, forcibly and/or against that person's will; or not forcibly or against that person's will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental incapacity. 20. Sex Offenses, Non-forcible - 36 Crime Against Person Definition - Unlawful, non-forcible sexual intercourse. A. Incest - 36A Crime against Person Definition: Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law. B. Statutory Rape - 36B Crime against Person Definition: Non-forcible sexual intercourse with a person who is under the statutory age of consent. 21. Stolen Property Offenses - 280 Crime Against Property Definition - Receiving, buying, selling, possessing, concealing, or transporting any property with the knowledge that it has been unlawfully taken, as by burglary, embezzlement, fraud, larceny, robbery, etc. 22.

Weapons Law Violations - 520 Crime Against Society Definition - The violation of laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession, concealment, or use of firearms, cutting instruments, explosives, incendiary devices, or other deadly weapons. Asportation (law) legal definition of Asportation (law) Asportation (law) legal definition of Asportation (law) Also found in: Dictionary , Thesaurus , Encyclopedia , Wikipedia . Larceny The unauthorized taking and removal of the Personal Property of another by an individual who intends to permanently deprive the owner of it; a crime against the right of possession. Larceny generally refers to nonviolent theft. It is a common-law term developed by the royal courts of England in the seventeenth century. In the United States, most jurisdictions have eliminated the crime of Larceny from statutory codes, in favor of a general theft statute. The crime of larceny was developed to punish the taking of property in nonviolent face-to-face encounters, and to set it apart from Robbery . Robbery involved some measure of violence in connection with theft, and the courts did not feel that a nonviolent theft should warrant the same punishment.

Larceny was nevertheless punished severely. A person convicted of larceny could receive the death penalty or be sentenced to many years in prison. The English courts were careful not to encroach on the lawmaking rights of the British Parliament, so they kept the crime of larceny limited and well-defined. A defendant could be convicted of larceny only if he or she had some physical interaction with the victim; the victim relinquished property that was in the victim's possession at the time of the taking; the defendant was not in lawful possession of the stolen goods at the time of the taking; and the defendant actually carried the property away at the time of the interaction. Over time the English courts recognized the need to expand the concept of larceny. In the absence of legislative action, they created new offenses based on the manner in which the theft was accomplished. Embezzlement was created in the eighteenth century to punish the misappropriation of property after lawful possession. This charge would apply, for example, if a store clerk accepted a customer's money in a legal sale, and then took that money for his or her own use. Embezzlement was punished more severely than larceny because it involved a breach of trust.

Larceny by trick was created to punish the taking of property with the owner's consent when that consent was obtained by Fraud or deceit. Before the courts created the offense of larceny by trick, defendants who had swindled their victims were able to argue that they had not committed larceny because the victims had willfully given them property. Shortly after the courts created larceny by trick, they created the crime of obtaining property by False Pretenses . Before, a defendant who induced a person to part with the title to property could escape prosecution because the victim transferred not actual possession of the property but only title to the property. This commercial form of taking was made illegal under the law of false pretenses. The English courts also began to make distinctions based on the value of the stolen property. Grand larceny was any larceny of property worth more than a certain amount of money. Any larceny of property worth less than that amount was called petit larceny and was punished less severely. In time the issue of nonviolent theft became too complex for solution through case law, and the British Parliament began to enact statutes that more clearly defined it.

The law of larceny and related offenses was adopted in the United States and remained in effect throughout the country's early history. Then, in the twentieth century, many legislatures abolished it in favor of a broad theft statute. In North Dakota, for example, the crime of theft now includes "larceny, stealing, purloining, embezzlement, obtaining money or property by false pretenses, Extortion , blackmail, fraudulent conversion, Receiving Stolen Property , misappropriation of public funds, swindling, and the like" (N.D. Cent. Code § 12.1-23-01 [1995]). The sweeping theft statutes are favored by prosecutors because they make it less likely that a defendant can escape punishment by arguing that one of the discrete elements in a larceny, embezzlement, or related theft was not proved. Under larceny statutes persons who commit theft can escape punishment if the prosecutor does not choose the correct charge. Under broad theft statutes, prosecutors need only be concerned with the intent to steal and the value of the property involved.

In states that have incorporated larceny into a broad theft statute, the punishment for a theft is based largely on the value of the stolen property. In Iowa, for example, theft of property exceeding $10,000 in value, theft directly from another's person, and theft of property in and around certain abandoned buildings is theft in the first degree, a class C felony. A class C felony is punishable by a prison term of up to ten years and a fine of at least $500 but no more than $10,000. Theft of property not exceeding $100 in value is theft in the fifth degree, a simple misdemeanor, which may be punished with a fine of up to $100 and an order to perform some community service specified by the judge (Iowa Code Ann. §§ 714.2, 902.9, 903.1). The broad theft statutes do not cover all possible theft offenses.

States that have a theft statute also maintain statutes prohibiting such acts as the unauthorized use of an automobile, forgery, fraud, deceptive business practices, receiving stolen property, extortion, theft of services, and theft of property that was lost, mislaid, or delivered by mistake. Massachusetts is one state that has retained its larceny statutes. The general larceny statute in Massachusetts combines the crime of embezzlement with larceny. Under this statute anyone who steals, or with intent to defraud obtains by a false pretence, or whoever unlawfully, and with intent to steal or embezzle, converts, or secretes with intent to convert, the property of another … whether such property is or is not in his possession at the time of such conversion or secreting, shall be guilty of larceny. … (Mass. Gen. Laws Ann. ch. 266, § 30(1)). Massachusetts also has several other larceny statutes, some of which identify a certain act as larceny. For example, the crime of false pretenses relating to contracts, banking transactions, or credit is specifically defined as larceny (§ 33).

This statute is necessary because the general larceny statute does not cover such theft. Larceny and theft are distinct from Burglary , which is committed when a person trespasses into a dwelling or other building with the intent to commit a crime. Burglary does not necessarily consist of the taking of property, although the intent to steal can upgrade a criminal charge from trespassing to burglary. Larceny is also different from shoplifting, which involves the theft of property from a place of business. Most states have eliminated the crime of shoplifting along with larceny, embezzlement, false pretenses, and similar offenses, in creating one broad theft statute.In all states larceny and theft are distinct from robbery. Robbery involves the threat of force or the actual use of force in connection with a theft. The line between robbery, and larceny or theft is unsteady. If a perpetrator plies the victim with alcohol or drugs, most courts consider this a form of force that boosts the crime from larceny or theft to robbery. If a perpetrator simply moves a person who is unconscious through no fault of the perpetrator, the movement may not constitute the kind of force that gives rise to robbery.

Most courts refuse to convict a defendant of robbery if the victim was unaware of any use of force, but the defendant may be charged with larceny or theft. Larceny and theft generally are a matter of state law. Congress maintains a few federal laws regarding thefts that have federal implications. These statutes include theft at lending, credit, and insurance institutions; theft of interstate shipments of goods; theft on waterways and oceans; and theft by court officers. Further readings Abramowitz, Elkan. 1997. "Proposed Amendments to Fraud, Theft Sentencing Guidelines." New York Law Journal 217 (March 4): 3. Genco, Courtney C. 1992. "What Happened to Durland? Mail Fraud, RICO, and Justifiable Reliance." Notre Dame Law Review 68. Kaplan, John, and Robert Weisberg. 1991. Criminal Law: Cases and Materials. 2d ed. Boston: Little, Brown. Rusting, Robert R. 2003. The Theft Prevention Guide: For Hospitals, Nursing Homes, and Assisted Living Facilities. Marbelhead, Mass.: Opus Communications. larceny n.

the crime of taking the goods of another person without permission (usually secretly), with the intent of keeping them. It is one form of "theft." Some states differentiate between grand larceny and petty larceny based on the value of the stolen goods. Grand larceny is a felony with a state prison sentence as a punishment and petty larceny is usually limited to county jail time. (See: grand larceny , petty larceny , theft ) larceny Theft Overview - FindLaw Theft Overview Download article as a PDF What is Theft? The term theft is used widely to refer to crimes involving the taking of a person's property without their permission. But theft has a very broad legal meaning which may encompass more than one category, and multiple degrees, of crimes. Theft is often defined as the unauthorized taking of property from another with the intent to permanently deprive them of it. Within this definition lie two key elements: 1) a taking of someone else's property; and 2) the requisite intent to deprive the victim of the property permanently. The taking element in a theft typically requires seizing possession of property that belongs to another, and may also involve removing or attempting to remove the property.

However, it is the element of intent where most of the complex legal challenges typically arise in theft-related cases. For example, Alex goes to Patrick's computer store, puts two flash drives in his pocket, and walks out the door intent of keeping them. Alex can be charged with theft. Had Alex stolen Patrick's car from the parking lot, Alex would likely be charged with grand theft. Is Larceny Different from Theft? While some states have merged larceny with general theft statutes, other states have kept larceny as its own separate offense. Larceny is an offense that developed through the common law and encompasses behavior that most people consider common theft: the taking of someone else's property without permission. States that still have retained larceny have usually codified the common law definition within the state's penal code. Most states that still recognize the crime of larceny have codified its elements into their penal code. The exact definition of larceny varies between states and most of them incorporate the following elements in some form.

Larceny is: 1) The unlawful taking and carrying away of 2) Someone else's property 3) Without the consent of the owner and with 4) The intent to deprive the owner of the property permanently The taking element in a theft typically requires seizing possession of property that belongs to another, and may also involve removing or attempting to remove the property. However, it is the element of intent where most of the complex legal challenges typically arise in theft-related cases. In order for a theft to be proven, it often must be shown that the accused acted with the specific intent to take someone else's property and to keep it or otherwise convert it. Some of the most common defenses in theft cases reflect this challenge, as a defendant may claim that they thought certain property was theirs or that they were just borrowing it. Types and Degrees of Theft Other key questions in theft cases are: 1) what type of property was stolen; and 2) how much the property was actually worth. This determines the category and/or degree of theft charges that an accused could face. Many jurisdictions create degrees of theft crimes. For example, a third degree theft might be a misdemeanor involving property with a relatively low market value.

On the other hand, a first degree theft could be classified as a felony with stolen property valued above a limit established by law. Alternatively, some states categorize their theft (or related offenses) as "petty" or "grand". Petty Theft Petty or "petit" thefts typically occur when someone steals property below a certain value specified by law. The amount at which a theft is classified "petty" varies depending on the jurisdiction, but a couple of examples would be property worth less than $500 or $1,000. Petty thefts are usually categorized as relatively minor crimes, also known as misdemeanors. Grand Theft Grand theft, on the other hand, occurs when property is stolen that is worth more than the limit for petty theft. Typically the market value for the property at the time it is stolen is used to determine that property's value for purposes of petty or theft charges. Grand theft or comparable violations, such as grand larceny, are classified as felonies in all states. This is the most serious category of offenses and can have severe consequences for individuals convicted of such crimes. Additional Categories of Theft Jurisdictions may create additional classes or categories of theft to address a particularly troublesome types of theft.

Probably the most well-known example is "grand theft auto", which of course refers to stealing a car. Typically, these more narrowly-categorized types of theft receive harsher punishments than standard, comparable theft-crimes. Larceny | Article about larceny by The Free Dictionary Larceny | Article about larceny by The Free Dictionary Also found in: Dictionary , Thesaurus , Legal , Wikipedia . larceny, in law, the unlawful taking and carrying away of the property of another, with intent to deprive the owner of its use or to appropriate it to the use of the perpetrator or of someone else. It is usually distinguished from embezzlement embezzlement, wrongful use, for one's own selfish ends, of the property of another when that property has been legally entrusted to one. Such an act was not larceny at common law because larceny was committed only when property was acquired by a "felonious taking," i.e. ..... Click the link for more information.

and false pretenses in that the actual taking of the property is accomplished unlawfully and without the victim's consent (see robbery robbery, in law, felonious taking of property from a person against his will by threatening or committing force or violence. The injury or threat may be directed against the person robbed, his property, or the person or property of his relative or of anyone in his presence at ..... Click the link for more information. ); along with the taking there must be a carrying-off. It is also distinguished from burglary burglary, at common law, the breaking and entering of a dwelling house of another at night with the intent to commit a felony, whether the intent is carried out or not. This definition has been generally adopted with some modifications in the criminal law of the various states ..... Click the link for more information. in that the theft does not necessarily involve unlawful breaking and entering. Statutes in some states of the United States enlarge the scope of larceny to include embezzlement and false pretenses. Grand larceny, usually a felony felony , any grave crime, in contrast to a misdemeanor, that is so declared in statute or was so considered in common law.

In early English law a felony was a heinous act that canceled the perpetrator's feudal rights and forfeited his lands and goods to the king, thus depriving ..... Click the link for more information. , is distinguished from petty larceny, usually a misdemeanor misdemeanor, in law, a minor crime, in contrast to a felony. At common law a misdemeanor was a crime other than treason or a felony. Although it might be a grave offense, it did not affect the feudal bond or take away the offender's property. By the 19th cent. ..... Click the link for more information. , by the value of the property stolen. Teens Learn & Live the Law | Virginia RULES Teens Learn & Live the Law Office of the Attorney General Property Crimes What are crimes against property? Crimes against property are offenses involving property and include both crimes in which property is destroyed and crimes in which property is stolen or taken against the owner’s will. A broad range of offenses are classified as crimes against property, including those having to do with taking property, with destroying property, and with wrongfully using or possessing property. Listed below are examples of crimes against property with brief definitions. What types of crimes involve taking property?

Listed below are examples of crimes against property with brief definitions. Larceny or theft is defined generally as the unlawful taking or carrying away of someone else’s personal property with the intent to deprive the owner of it permanently. In Virginia, petit larceny is defined as larceny from a person of money or other thing valued at less than $5 or larceny not from the person of goods valued at less than $200. Petit larceny is a Class 1 misdemeanor. (Code of Virginia § 18.2-96) In Virginia, grand larceny is defined as larceny from a person of money or other things valued at $5 or more, larceny not from the person of goods valued at $200 or more, or larceny not from the person of any firearm. Grand larceny is punishable by imprisonment in a state correctional facility for not less than one nor more than twenty years or, at the discretion of the jury or court trying the case without a jury, jail for a period not exceeding twelve months or fined not more than $2,500, either or both.

(Code of Virginia § 18.2-95) One form of larceny is shoplifting. Virginia law defines the offense as concealing or taking possession of goods, altering the price tag or other price marking, or assisting another with the intent of converting the merchandise to his own or another’s use without having paid the full purchase price. If the merchandise is valued at less than $200, it is petit larceny; if it is valued at $200 or more, the offense is grand larceny. It is important to know that simply concealing the merchandise while on the premises is considered evidence of the intent to take it. (Code of Virginia § 18.2-103) Burglary is defined as breaking and entering the dwelling of another in the nighttime with intent to commit a felony or any larceny. It is a Class 3 felony. However, if the person is armed with a deadly weapon, it is a Class 2 felony. (Code of Virginia § 18.2-89). What types of crimes involve taking property by deceit?

Fraud is generally defined as the intentional perversion of the truth for the purpose of inducing another person or entity to part with something of value or to surrender a legal right to the thing of value. Many different types of fraud are defined in Virginia law. Computer fraud occurs when a person uses a computer or computer network, without authority, and 1) obtains property or services by false pretenses, 2) embezzles or commits larceny, or 3) converts the property of another. (Code of Virginia § 18.2-152.3) Identity theft occurs when someone, without authorization or permission, obtains, records or accesses identifying information that is not available to the general public; obtains money, credit, loans, or goods or services through use of the identifying information; obtains identification in another person’s name; or obtains identifying information while impersonating a law enforcement officer or state government official. Upon conviction, the offender faces not only criminal penalties, but also requirements for making restitution. Additionally, victims of identity theft may receive assistance from the Attorney General to correct inaccuracies or errors in his credit report or other records.

(Code of Virginia § 18.2-186.3) Counterfeiting or forgery are generally defined as altering, copying, or imitating something, without authority or right, with the intent to deceive or defraud by passing the copy or thing altered or imitated as that which is original or genuine or the selling, buying, or possession of an altered, copied, or imitated thing with the intent to deceive or defraud. Many types of counterfeiting are defined in Virginia law. (Code of Virginia § 18.2-168 – 18.2-173) Embezzlement is generally defined as the unlawful misappropriation by an offender to his/her own use or purpose of money, property, or some other thing of value entrusted to his/her care, custody or control. In Virginia law, embezzlement is considered larceny. (Code of Virginia § 18.2-111) What types of property crimes involve destroying property? Destruction or damage or vandalism of property is generally defined as willfully or maliciously destroying, damaging, defacing, or otherwise injuring real or personal property without the consent of the owner or the person having custody or control of it.

Virginia law specifically prohibits damaging public buildings and materials in libraries and schools. Code of Virginia §18.2-138 states: Any person who willfully and maliciously (i) breaks any window or door of the Capitol, any courthouse, house of public worship, college, school house, city or town hall, or other public building or library, (ii) damages or defaces the Capitol or any other public building or any statuary in the Capitol, on the Capitol Square, or in or on any other public buildings or public grounds, or (iii) destroys any property in any of such buildings shall be guilty of a Class 6 felony if damage to the property is $1,000 or more or a Class 1 misdemeanor if the damage is less than $1,000. Any person who willfully and unlawfully damages or defaces any book, newspaper, magazine, pamphlet, map, picture, manuscript, or other property located in any library, reading room, museum, or other educational institution shall be guilty of a Class 6 felony if damage to the property is $1,000 or more or a Class 1 misdemeanor if the damage is less than $1,000.

Graffiti or “tagging” falls within this definition. Code of Virginia § 8.01-43 specifically addresses minors who are caught damaging public property and action that can be taken against the parents: The Commonwealth, acting through the officers having charge of the public property involved, or the governing body of a county, city, town, or other political subdivision, or a school board may institute an action and recover from the parents or either of them of any minor living with such parents or either of them for damages suffered by reason of the willful or malicious destruction of, or damage to, public property by such minor. No more than $2,500 may be recovered from such parents or either of them as a result of any incident or occurrence on which such action is based. Code of Virginia § 22.1-280.4 authorizes school boards to take action against a student or his parents:: A school board may take action against a pupil or the pupil’s parent for any actual loss, breakage, or destruction of or failure to return property, owned by or under the control of the school board, caused or committed by such pupil in pursuit of his studies.

Such action may include seeking reimbursement from a pupil or the pupil’s parent for any such loss, breakage, or destruction of or failure to return school property. Another property crime involving destroying property is arson, which is setting fire with intent to cause damage. Arson is a very serious offense, classified as either a Class 2 felony or a Class 3 felony, depending on circumstances. Someone convicted of a Class 2 felony can be imprisoned for up to 20 years and someone convicted of a Class 3 felony can be imprisoned for not less than five years or more than 20 years. Are there other types of property crimes? Yes, there are many other crimes that fall in the general category of crimes against property. Two property crimes that teens especially need to know about are receiving stolen property and trespass. Code of Virginia § 18.2-108 prohibits buying or receiving stolen goods: If any person buys or receives from another person, or aids in concealing, any stolen goods or other thing, knowing the same to have been stolen, he shall be deemed guilty of larceny thereof, and may be proceeded against, although the principal offender is not convicted.

If any person buys or receives any goods or other thing, used in the course of a criminal investigation by law enforcement that such person believes to have been stolen, he shall be deemed guilty of larceny thereof. Trespass is defined in several sections of the Code of Virginia: § 18.2-128 prohibits trespass upon church or school property. Any person who, without the consent of some person authorized to give such consent, goes or enters upon, in the nighttime, the premises or property of any church or upon any school property for any purpose other than to attend a meeting or service held or conducted in such church or school property, shall be guilty of a Class 3 misdemeanor. It shall be unlawful for any person, whether or not a church member or student, to enter upon or remain upon any church or school property in violation of (i) any direction to vacate the property by a person authorized to give such direction or (ii) any posted notice which contains such information, posted at a place where it reasonably may be seen. Each time such person enters upon or remains on the posted premises or after such direction that person refuses to vacate such property, it shall constitute a separate offense.

A violation of this subsection shall be punishable as a Class 1 misdemeanor, except that any person, other than a parent, who violates this subsection on school property with the intent to abduct a student shall be guilty of a Class 6 felony. For purposes of this section: (i) “school property” includes a school bus as defined in § 46.2-100 and (ii) “church” means any place of worship and includes any educational building or community center owned or leased by a church. Other sections of the Code of Virginia prohibit several types of trespass: § 18.2-134 prohibits trespass on posted property. Class 1 misdemeanor § 18.2-119 prohibits going upon any property owned by another after having been forbidden to trespass there. Class 1 misdemeanor § 18.2-125 prohibits trespass in any cemetery at night. Class 4 misdemeanor Also defined in the Code of Virginia § 18.2-152.4 is the crime of computer trespass.

It is a Class 1 misdemeanor for any person, with malicious intent, to do any of the following: temporarily or permanently remove, halt, or disable any computer data, computer programs or computer software from a computer or computer network; cause a computer to malfunction, regardless of how long the malfunction persists; alter, disable, or erase any computer data, computer programs or computer software; effect the creation or alteration of a financial instrument or of an electronic transfer of funds; use a computer or computer network to cause physical injury to the property of another; or use a computer or computer network to make or cause to be made an unauthorized copy, in any form, including, but not limited to, any printed or electronic form of computer data, computer programs or computer software residing in, communicated by, or produced by a computer or computer network. This is crime of a Class 6 felony if any of these actions cause damage to another person’s property valued at $1,000 or more. Technical measures implemented by electronic mail service providers to screen e-mails (spam) and action taken by parents to monitor the computer usage of their minor children are not prohibited. In this section:

Question: What is the general legal term for “unlawful taking and carrying away of another’s property”?
Answer: Larceny